Disposed

Ms Berhampur Cold Storage Private Limited and Ors. v. Icici Bank Limited and Ors.

DRAT15 Jul 2022REGULAR APPEAL/110/2019

Case brief

AI extract

What is this about?

Listing order in Debt Recovery appellate Tribunal regarding pendency due to non-substitution of legal heirs, granting leave to delete a party and setting timeline for filing opposition and rejoinder.

What did the court decide?

Leave granted to delete Appellant No. 2 from cause title; appeal listed for future hearing after filing of opposition and rejoinder.

Ms Berhampur Cold Storage Private Limited and Ors. versus… — Banking and Recovery | DRAT (2022)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 110 of 2019)

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(Arising out of M.A. 2217 of 2019 in O.A. 88 of 2009 in DRT, Cuttack)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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M/s. Berhampur Cold Limited & 2 Others -Vs- ICICI Bank Limited &	Storage Pri … Ap 6 Others … Resp	vate pellants ondents
Mr. Nimish Mishra Singh Learned Counse	with Mr. l for Appell	Gaurav ants
Mr. Avishek	Guha	with
Ms. Kasturi Dasgupta for Respondent Bank	, Learned	Counsel

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THE APPELLATE TRIBUNAL :

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Service upon Respondents No. 2 to 7 is complete but are not represented.

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Learned Counsel for Respondent Bank submits that legal heirs of Appellant No. 2 have not been substituted. However, since the Appellants have filed the appeal, it is their prerogative whether to proceed with the appeal for Appellants No. 1 and 3 only or not.

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Mr. Nimish Mishra, Learned Counsel for the Appellants, submits that since legal heirs of Appellant No. 2 were not substituted before the Learned DRT hence they have not been substituted before this Appellate Tribunal as well. Learned Counsel seeks leave for deleting the name of Appellant No. 2 from the array of parties in the Memo of Appeal.

¶11

As prayed for, the name of Appellant No. 2 be deleted from the cause title of the Memo of Appeal in course of the day.

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Learned Counsel for Respondent No. 1/Bank may file opposition within a period of two weeks with advance copy to the Appellants; rejoinder, if any, be filed within two weeks thereafter.

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List on 31^st August, 2022 along with Appeal No. 114 of 2019.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 15^th July, 2022 09/ac

Ms Berhampur Cold Storage Private Limited and Ors. v. Icici Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

Ms Berhampur Cold Storage Private Limited and Ors. v. Icici Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Case details

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